Blair v Health Care Complaints Commission [2023] NSWCATOD 35

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Blair v Health Care Complaints Commission [2023] NSWCATOD 35 Hearing dates: 10 October 2022 Date of orders: 23 March 2023 Decision date: 23 March 2023 Jurisdiction: Occupational Division Before: C Mulvey, Senior Member J O'Baugh, Senior Member M Rowles, Senior Member J Sillince, General Member Decision: (1) The application is dismissed. (2) Pursuant to s 163B(5) of the Health Practitioner Regulation National Law, the Applicant is not to make any application for review of the cancellation of his registration for a period of 18 months from the date of this decision. (3)The Applicant is to pay the Health Care Complaints Commission's costs of and incidental to the proceedings as agreed or assessed. Catchwords: OCCUPATIONS – nurses – reinstatement application – relationship with patient – whether onus established – whether reformation, rehabilitation and insight established Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW), s 64 Health Practitioner Regulation National Law (NSW), ss 149C(5), 163B, 163C, Sch 5D cl 13 Cases Cited: Chen v Health Care Complaints Commission [2017] NSWCA 186 Donnelly v Health Care Complaints Commission [2014] NSWCATOD 155 Ex parte Tziniolis; Re Medical Practitioners Act (1966) 67 SR (NSW) 448; [1967] 1 NSWR 357 Forster v Hunter New England Area Health Service [2010] NSWCA 106 Haber v Health Care Complaints Commission [2018] NSWCATOD 16 Health Care Complaints Commission v Blair [2020] NSWCATOD 54 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd [1992] HCA 66; (1992) 67 ALJR 170 Ng v Health Care Complaints Commission [2018] NSWCATOD 105 Ristevski v Medical Council of NSW [2016] NSWCATOD 18 Category: Principal judgment Parties: Gordon Blair (Applicant) Health Care Complaints Commission (Respondent) Representation: Solicitors: Applicant (self-represented) Health Care Complaints Commission (Respondent) File Number(s): 2022/00202482 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013 (NSW), publication of the name of the patient set out in the Schedule to the Complaint is prohibited.